HomeMy WebLinkAboutC-4859(A) - Grant Agreement for Special Event Support Program FY 11-12 - Race for the CureGRANT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
THE ORANGE COUNTY AFFILIATE OF SUSAN G. KOMEN FOR THE CURE
This Grant Agreement ( "Agreement ") is entered into this 30th day of August,
2011, by and between the City of Newport Beach, a California municipal corporation
and Charter City ( "City'), and the Orange County Affiliate of Susan G. Komen for the
Cure, a California nonprofit corporation located at 3191 -A Airport Loop Drive, Costa
Mesa, CA 92626 ( "Grantee "). City and Grantee are at times individually referred to as
"Party" and collectively as "Parties" herein.
RECITALS
A. It is the policy of the City Council that the City's budget specifically allow
the City Council to direct revenue towards non - profit agencies, community groups,
community events, or enhancement projects with worthy projects or programs which the
City Council deems beneficial to resident's quality of life.
B. Grantee requested a grant from the City for Orange County Affiliate Susan
G. Komen Race for the Cure ( "Grant Proposal ").
C. The City Council determined the Grant Proposal is for a worthy project
that will benefit the City's resident's quality of life.
D. The City Council approved a grant in the amount of Ten Thousand and
00/100 dollars ($10,000.00) ( "Grant Funds ") to Grantee pursuant to certain conditions
regarding expenditure, reporting, and accounting requirements.
NOW, THEREFORE, the Parties agree as follows:
GRANT
City awards to Grantee Grant Funds in the amount of Ten Thousand and 001100 dollars
($10,000) as requested by Grantee in the Grant Proposal attached hereto as Exhibit "A"
and incorporated herein by reference, or as authorized by the City Council.
Grant Funds shall be disbursed by City to Grantee as follows (select one):
0 At the time of execution of this Agreement.
❑ On or before day of , 20_
❑ In four (4) equal installments on the following dates: (a) (b)
(c) ; and (d)
2. TERM
The term of this Agreement shall commence on the date first written above ( "Effective
Date ") and shall continue in full force and effect until June 30, 2012 unless terminated
earlier as provided herein.
3. RESTRICTIONS ON USE OF FUNDS
The Grant Funds are subject to the following expenditure conditions ( "Approved Uses "):
(a) The Grant Funds shall be expended solely for the purposes provided in
Exhibit "A ";
(b) The Grant Funds shall not be used for any activity that would violate City,
state or federal statutory or decisional law such as regulations affecting
non - profit or tax exempt organizations exempt from taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code; and
Grantee further warrants to City that the Grant Funds will be spent solely for the
Approved Uses and the Grant Funds shall be used by Grantee during this Agreement's
term otherwise the Grant Funds shall be returned to City, as provided in Section 5
below.
4. REPORTING AND ACCOUNTING REQUIRMENTS
(a) At all times during the term of this Agreement, Grantee shall maintain true,
proper, and complete books, records, and accounts (collectively, "Books
and Records ") in which shall be entered fully and accurately all
transactions taken with respect to the operations of Grantee under the
Grant Proposal and the expenditure of the Grant Funds. Grantee shall
maintain the Books and Records in accordance with Generally Accepted
Accounting Principles.
(b) City reserves the right to designate its own employee representative(s) or
its contracted representative(s) with a Certified Public Accounting firm who
shall have the right to audit Grantee's accounting procedures and internal
controls of Grantee's financial systems as they relate to the Grant
Proposal and to examine any cost, revenue, payment, claim, other records
or supporting documentation resulting from any items set forth in this
Agreement. Any such audit(s) shall be undertaken by City or its
representative(s) at mutually agreed upon reasonable times and in
conformance with generally accepted auditing standards. Grantee agrees
to fully cooperate with any such audit(s).
This right to audit shall extend during the length of this Agreement and for
a period of three (3) years or longer, if required by law, following the date
of any Grant Funds tendered under this Agreement. Grantee agrees to
Grant Agreement Page 2
retain all necessary records /documentation for the entire length of this
audit period.
(c) Grantee shall, at the conclusion of the event funded by the Grant Funds
furnish the City with a Balance Sheet and Income Statement describing
the receipt and disbursement activities of Grantee with respect to the
Grant Funds. In its sole and absolute discretion the City may also require
Grantee to submit: (i) quarterly check registers and descriptions of each
disbursement; (ii) budget -to- actual - results; and (iii) a statement of position
describing the assets and liabilities of Grantee. All reports shall be due to
the City no later than forty -five (45) days following the conclusion of the
event funded by the Grant Funds. In the event that an independent audit
is conducted, Grantee shall forward a copy of the audited report to the City
for review, including any Management Letter, Report on Internal Controls,
or Reportable Conditions letter generated during the course of the audit.
(d) Grantee agrees to exercise prudent financial management processes
including proper oversight of all assets, budget preparation, and timely
reporting including budget -to- actual- comparisons.
(e) All Approved Uses shall be performed by Grantee or under Grantee's
supervision, Grantee represents that it possesses the professional and
technical skills required to perform the services required by this
Agreement, and that it will perform all services with a standard of care and
in a manner commensurate with the community professional standards.
5. USE OF GRANT FUNDS
The Grant Funds shall be used solely by Grantee for the Approved Uses and for no
other use. In the event that the Grant Funds are not used for the Approved Uses or are
not expended by or before June 30, 2012, Grantee shall notify the City in writing, and
shall be obligated to return the Grant Funds to City within thirty (30) days.
INDEMNIFICATION
To the fullest extent permitted by law, Grantee shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties ") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to this Agreement (including the negligent and /or willful acts,
errors and /or omissions of Grantee, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
GrantAgreement Page 3
Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to
indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Grantee.
GRANTEEINDEPENDENCE
In the performance of this Agreement, the Grantee, and the agents and employees of
Grantee, shall act in an independent capacity and are not officers, employees or agents
of the City. The manner and means of performing the Approved Uses are under the
control of Grantee, except to the extent they are limited by statute, rule or regulation and
the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute approval for Grantee or any of Grantee's employees or agents, to be the
agents or employees of City. Grantee shall have the responsibility for and control over
the means of performing the Approved Uses, provided that Grantee is in compliance
with the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Grantee as to the details of the performance or to exercise a
measure of control over Grantee shall mean only that Grantee shall follow the desires of
City with respect to the results of the Approved Uses.
Grantee shall not assign, sublease, hypothecate or transfer this Agreement or any of
the services to be performed under this Agreement, directly or indirectly, by operation of
law or otherwise without prior written consent of City. Any attempt to do so without
written consent of City shall be null and void.
NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or
on the third business day after the deposit thereof in the United States mail, postage
prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Grantee to City shall be addressed to
the City at:
Attn: City Manager
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3000; Fax (949) 644 -3020
GrantAgreement Page 4
All notices, demands, requests or approvals from City to Grantee shall be addressed to
Grantee at:
Orange County Affiliate of Susan G. Komen for the Cure
3191 -A Airport Loop Drive
Costa Mesa, CA 92626
10. TERMINATION
(a) Termination for Cause. Grantee shall be in default if Grantee fails or
refuses to perform any duty required by the Agreement or performs in a
manner inconsistent with the terms, conditions and restrictions in this
Agreement. In such event, City shall give Grantee, thirty (30) days written
notice to cure, if the default can be cured and City shall be entitled to
terminate this Agreement if Grantee has not cured the default within the
thirty (30) day cure period. City shall be entitled to immediately terminate
this Agreement if the default cannot be cured through corrective action. If
terminated for cause, Grant Funds shall be returned to the City pursuant
to Section 5. This Agreement is made on an annual basis, and as such is
subject to non - renewal at its termination.
(b) Termination without Cause. City may terminate this Agreement at anytime
with or without cause upon seven (7) days written notice to Grantee, any
remaining Grant Funds in Grantee's possession at the time of termination
shall be returned to City pursuant to Section 5.
(c) Specific Performance. Grantee agrees that the City has the legal right,
and all necessary conditions have been satisfied, to specifically enforce
Grantee's obligations pursuant to this Agreement.
11. WAIVER
A waiver by either Party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
12. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the Parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein.
Grant Agreement Page 5
13. INTERPRETATION
The terms of this Agreement shall be construed in accordance
language used and shall not be construed for or against either
authorship of the Agreement or any other rule of construction
apply.
14. AMENDMENTS
with the meaning of the
Party by reason of the
which might otherwise
This Agreement may be modified or amended only by a written document executed by
both Grantee and the City and approved as to form by the City Attorney.
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
16. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
17. EQUAL OPPORTUNITY EMPLOYMENT
Grantee represents that it is an equal opportunity employer and it shall not discriminate
against any subcontractor, employee or applicant for employment because of race,
religion, color, national origin, handicap, ancestry, sex or age.
18. COMPLIANCE WITH ALL LAWS
Grantee shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted.
19. NO ATTORNEYS' FEES
In the event of any legal dispute arising out of this Agreement the prevailing Party shall
not be entitled to attorneys' fees.
[SIGNATURES ON FOLLOWING PAGE]
Grant Agreement Page 6
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the day and year first above written.
I_177Z�I � _ • • : u
OFFICE O f CITY ATTORNEY
By: � !'
Leona ulvihill,
Assistant City Attorney
ATTEST:
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
David Kiff, v
City Manager
GRANTEE: Orange County Affiliate
of Susan G. Komen for the Cure,
A California nonprofit corporation
By: ak :l • 'I//Y� y I
Leilani Brown, (Corporate Officer
City Clerk
Attachment: Exhibit "A" Grant Proposal
Title: ��r2.cc- gc?
Print Name: k)c-T sje-
inancialOfficer)
Title: i p pal) ,L i--O-r
Print Name: ce 14Mj I70
[END OF SIGNATURES]
Grant Agreement Page 7
Exhibit A
Grant Proposal
Applicant— Orange County Affiliate of Susan G. Komen for the Cure
Event — Orange County Affiliate Susan G. Komen Race for the Cure
NEWPORT BEACH SPECIAL EVENT - APPLICATION FOR SUPPORT Section One—
Event Summary and Applicant Information Name of Event Date(s) of Event Time(s) of
Event Location (s) or Venue(s) of Event Is or will this bean annual event? YES NO Type of Event —
special interest, commercial, sports, cultural /arts, social, etc. Is there a charge or fee for the event?
YES NO Describe what, if any, portion of the event is free to the public. Describe what, if any,
portion of the event is charitable fund raising. Please provide the name of the charity or charities
the event supports along with a contact name and phone number for each charity. What
percentage of the proceeds will each charity receive? Please provide an estimate of what the
percentage may be in dollars. Types of In -Kind City Sponsorship Requested — List: Are you
requesting any roads be closed? If yes, which roads, when & for how long? Amount of Cash
Sponsorship from the City requested and how it will be used. Be specific.
Name of Event: Orange County Affiliate Susan G. Kamen Race for the Cure®
Date(s) of Event: Sunday, September 25, 2011
Time(s) of Event: 6:30 a.m. — Noon
Is or will this be an annual event? Yes
Type of Event — special interest commercial, sports, cultural /arts, social, etc.
5K Walk/Run & 1 Mile Fun Walk
Is there a charge or fee for the event? Yes
Describe what if any, portion of the event is free to the public.
This event is not free to the public as it is a breast cancer awareness 5K fundraising sporting event;
however, it is open to the community at large. Anyone can enter the area on the day of the event.
Describe what, if any, portion of the event is charitable fund raising. Please provide the name of the
charity or charities the event supports along with a contact name and phone number for each charity.
What percentage of the proceeds will each charity receive. Please provide an estimate of what the
percentage may be in dollars.
100% of the event is charitable fundraising for Susan G. Kamen for the Cure°. The organization's vision
is a world without breast cancer. We work to save lives and end breast cancer forever by empowering
people, ensuring quality care for all, and energizing science to find the cures(s).
75 %, or about $2,250,000, supports the Orange County Affiliate of Susan G. Kamen for the Cure to
provide local breast health education, early detection breast cancer screening, outreach and treatment.
25%, or about $750,000, goes into the Susan G. Kamen for the Cure Award and Research Grant Program
for groundbreaking cancer research.
Orange County Affiliate of Susan G. Kamen for the Cure
Lisa Wolter, Executive Director
1
Susan G. Kamen Forthe Cure
Ph: (714) 957 -9157 ext. 22
Susan G. Komen forthe Cure National Headquarters
Barb Jones, Affiliate Relations Manager
Ph: (972)855 1662
Types of In -Kind City Sponsorship Requested — List:
Permit Fee
Police Services
Police Explorers
Parking Control
General & Street Services
Street Signage posting & equipment
Banner placement
Are you requesting any roads to be closed? If yes, which roads, when & for how long?
We are requesting the following roads on the race route to be temporarily closed to vehicular traffic
from approximately 6 a.m. to 11 a.m. on Sunday, September 25, 2011: Newport Center Drive (from
north of Santa Rosa Drive to north of San Nicolas and to just east of Pacific Coast Highway); Santa Cruz
Drive (from Newport Center Drive to San Joaquin Hills); San Clemente Drive (from Santa Cruz Drive to
Santa Maria Drive); Santa Maria Drive (from San Clemente Drive to Newport Center Drive); Farallon
Drive (from Newport Center Drive to Avocado Avenue); Avocado Avenue (from San Miguel Drive to just
before Corona Del Mar Plaza entrance); San Miguel Drive (from Avocado Avenue to Newport Center
Drive); Anacapa Drive (from Newport Center Drive to Farallon Drive)
Amount of Cash Sponsorship from the City requested and how it will be used. Be specific.
$20,000 to cover City Services per the City estimate: Permit Fee, Police Officers, Police Explorers,
Parking Control, General & Street Services, Street Signage posting & equipment, Banner placement,
Other required by the City: unknown.
Name of Applicant Organization: Orange County Affiliate of Susan G. Komen for the Cure°
Description of Applicant Organization — type of entity (attached proof of non - profit S01c3 status if
applicable), purpose, and history.
The Orange County Affiliate of Susan G. Komen for the Cure is a 501 (c) 3 non - profit organization
dedicated to providing breast health education and facilitating early detection of breast cancer amount
all populations, but particularly those that are underserved and uninsured in Newport Beach and Orange
County, California.
Susan G. Komen For the Cure
The Affiliate was established in 1991 works to remove the social, financial and cultural conditions that
prevent every woman from receiving quality breast health care. Since its inception, we have raised and
invested more than $27 million dollars in breast cancer prevention, screening, awareness, education and
support programs and are the key breast health and breast cancer resource for Orange County. Race for
the Cure makes all this possible and serves as an annual call -to- action that challenges supporters (20%
of whom live and work in Newport Beach) to be involved and raise funds.
The Affiliate is laser- focused on reducing the local breast cancer incidence and mortality within the next
decade with an emphasis on implementing evidence -based strategies and promising practices to make a
positive impact on the disparities in breast cancer mortality and late state diagnosis amount populations
at highest risk in Orange County.
Does the Applicant hold intellectual property rights to the vent? If not who does? Yes, Susan G.
Komen for the Cure®.
Name of Contact and Contact Information for the Purpose of this Application: Lisa Wolter, Executive
Director
Address: 3191 -A Airport Loop Dr., Costa Mesa, CA 92626
Phone: (714) 957 -9157 ext. 22 Fax: (714) 9S7 -9155 Mobile: N/A Email: IwolterCdkomenoc.or
Is there a contract with an event organizer? Yes, In Motion (Race Production Company)
Best times and ways to reach contact person: Leisha Battles, 8 a.m. —5 p.m., Cell phone: (619)846-
8706
List Prior Event Experience of both the Applicant and the Event Organizer:
2011 will be the 20'h annual Orange County Affiliate of Susan G. Komen Race for the Cure® in Newport
Beach. It is the largest event of its kind California, and the fifth largest of 100 Races across the United
States. A professional Komen staff and group of volunteers have extensive experience producing the
event.
In Motion, Inc. is a family owned and operated corporation, in business in Southern California since
1981. During that time they have produced hundreds of events from San Diego to Seattle. They are a
turnkey operation with three decades of experience in marketing, operations, logistics, PR, sponsorship,
graphics and more.
In addition to the Komen Orange County Race for the Cure, In Motion currently produces the following
events: the Komen San Diego Race for the Cure, the Tri -City Medical Center Carlsbad Marathon & Half
Marathon, the Kids Marathon Mile at LEGOLAND®, the San Marcos Fitness Roundup, the Shamu & You
Family Walk for Rady Children's Hospital and Finish Chelsea's Run for the Chelsea's Light Foundation.
3
Susan G. Komen For the Cure
If the Applicant conducts a similar event in other cities or if the event has been held in Newport Beach
previously, describe any difficulties you've encountered and what adjustments you've made to
improve the event.
In conjunction with the Affiliate, In Motion successfully redesigned the race course to accommodate the
request of the Newport Beach Police Department to keep the intersection at Avocado and the Corona
Del Mar Plaza open throughout the event. In addition, we continue to work with the NBPD to fine -tune
the parking management plan to reduce the impact to local traffic in the impacted areas on race day.
Provide previous locations of event, including reasons for leaving, if applicable. N/A
Section Two —Benefit Statement
Description of How the Event Meets the City Criteria — Maximum two pages. Using the space below
(and one additional page if needed), provide a narrative explaining how the event fulfills the City's
twelve evaluation criteria for support listed at the introduction to this application.
For 19 years the Orange County Susan G. Komen Race for the Cure has been held in Newport Beach.
More than 30,000 people attend to celebrate survivors, remember those that we have lost to breast
cancer, raise money for local services and advance research.
The Race for the Cure is about improving and saving lives right here in our community. The funds that
are raised help local women gain access to quality breast cancer screening and diagnostic services as
well as provide breast health education and risk reduction information.
Fashion Island is the hub around which the Race for the Cure has taken place for the last 19 years and
we believe this huge event showcases Newport Center and Fashion Island as one of Newport Beach's
premiere commercial, retail and residential living areas. The influx of 30,000 Race for the Cure
participants on a Sunday morning in September is good for the spirit of our community. Breast cancer
does not just affect the woman who is diagnosed — it affects the family, the husband, sister, mother and
child; the home and the workplace. Breast cancer knows no boundaries of age, race, ethnicity or
economic status. The City of Newport Beach can be proud of supporting its residents by being a part of
the fight to save lives.
Businesses with a location in Newport Beach, indeed the entire county, also benefit from the goodwill
generated by the media exposure gained throughout the many months of the campaign as they come to
know that Newport Beach is the home of the Race for the Cure.
Section Three — Event Description and Attachments
The application is not complete and will not be reviewed unless requested documents ore attached.
Description of the Event — Maximum of one page. A basic description of your event including the
objectives and history of the event and if there is a special theme or focus of the event.
(See Attachment A)
Susan G. Komen Forthe Cure
Business Plan for the Event — maximum two pages. 1) Event goals, objectives and strategies 2) Planning,
preparation, event schedules with milestones and time frames. (See Attachment B)
Budget for Event— Maximum two pages. Include 1) Projected budget 2) Detailed budget with cash flows,
profit & loss forecasts 3) A list of confirmed and potential sponsors, both financial and in -kind with
dollars confirmed and requested. (See Attachment C).
Marketing and Promotion Plan for the Event— Maximum three pages. Include: 1) Target markets 2)
Marketing objectives 3) Marketing strategies including advertising /PR activity and timelines 4) Who is
responsible for the marketing and promotion plan? 5) Do they have experience in either
events /marketing /PR? If yes, summarize that experience 6) Itemized marketing and promotions plan
budget. (See Attachment D)
Sponsorship Proposal Package. Please attach a description of the specific benefits being offered to
Newport Beach. (See Attachment E)
Economic Impact Potential. Do you have any existing economic impact data such as a commissioned
economic impact report for this event? If yes, please attach the latest data along with who collated the
data. Whether you have a previous report or not, please use your best estimate to complete the boxes
regarding the attendance and lodging provided below. (See attachment F)
Attendance. (Please do no exaggerate.)
Number of People Expected NB Residents US Residents Foreign Visitors
Participants /Hosts /Competitors /Members 4,872 19,489 N/A
Of Applicant Organization
Spectators /Attendees /Audience /Ticket 787 3,152
Buyers /Diners
Volunteers /Workers /Vendors 340 1,360
Totals: 5,999 24,001
Entry Fees ($) Adult Child Other
Participant $35.00 $25.00 $25 (Senior, Breast
Cancer Survivor)
$40.00 Day of event all categories
Spectators
$0
Need for Accommodotions(s). (Please do not exaggerate.)
Anticipated Number of Room Nights: 94
Will all accommodations be in Newport Beach? Yes, Newport Beach Marriott Resort & Spa.
What is the anticipated average stay in Newport Beach for Participants: 2 -4 Days Spectators: 2 -4
Permits and Safety Plan for the Event
Susan G. Kamen For the Cure
Have you applied for a Special events Permit for this event? Yes, the permit application was submitted
to Matt Dingwall in early February.
If not, when will you?
Hove you spoken to the Newport Beach Police Department about your event?
If not when will you?
Each year we hold several meetings before and one meeting after the event. We have not met with
Newport Beach Police Department representatives for the 2011 event yet but would anticipate getting
together in early summer.
Waste Minimization /Recycling /Clean -up Plan — Maximum two pages. Explain the types of controls,
management programs, initiatives or incentives implemented by your organization, in order to reduce
the amount of waste generated and to ensure city property is pristine following your event. (See
Attachment G)
Susan G. Komen For the Cure